Ridge Runner Forestry v. Ann M. Veneman, Secretary of Agriculture

Ridge Runner Forestry (RRF) (plaintiff), a fire protection company, responded to a Forest Service request for quotations and then signed a series of annual Tender Agreements from 1996 through 1999. Each agreement stated in bold that an award didn't stop the government from using other resources, didn't guarantee any orders would be placed, and only required RRF to furnish equipment when it was 'willing and able' to do so at the time. In 1999, RRF claimed the Forest Service had violated an implied duty of good faith and fair dealing by intentionally freezing it out of $180,000 in work; when the contracting officer said she lacked authority to decide the claim, RRF appealed to the Department of Agriculture Board of Contract Appeals, which the government moved to dismiss for lack of jurisdiction, arguing no contract existed. The Board agreed and dismissed.